People vs. Salanguit [GR 133254-55, 19 April 2001]

Second Division, Mendoza (J): 4 concur

Facts: On 26 December 1995, Sr. Insp. Aguilar applied for a warrant in the Regional Trial Court, Branch 90,

Dasmariñias, Cavite, to search the residence of Robert Salanguit y Ko on Binhagan St., Novaliches, Quezon

City. He presented as his witness SPO1 Edmund Badua, who testified that as a poseur-buyer, he was able to

purchase 2.12 grams of shabu from Salanguit. The sale took place in Salunguit's room, and Badua saw that

the shabu was taken by Salunguit from a cabinet inside his room. The application was granted, and a search

warrant was later issued by Presiding Judge Dolores L. Español. At about 10:30 p.m. of said day, a group of

about 10 policemen, along with one civilian informer, went to the residence of Salunguit to serve the warrant.

The police operatives knocked on Salanguit’s door, but nobody opened it. They heard people inside the house,

apparently panicking. The police operatives then forced the door open and entered the house. After showing

the search warrant to the occupants of the house, Lt. Cortes and his group started searching the house. They

found 12 small heat-sealed transparent plastic bags containing a white crystalline substance, a paper clip box

also containing a white crystalline substance, and two bricks of dried leaves which appeared to be marijuana

wrapped in newsprint having a total weight of approximately 1,255 grams. A receipt of the items seized was

prepared, but Salanguit refused to sign it. After the search, the police operatives took Salanguit with them to

Station 10, EDSA, Kamuning, Quezon City, along with the items they had seized. PO3 Duazo requested a

laboratory examination of the confiscated evidence. The white crystalline substance with a total weight of

2.77 grams and those contained in a small box with a total weight of 8.37 grams were found to be positive for

methamphetamine hydrochloride. On the other hand, the two bricks of dried leaves, one weighing 425 grams

and the other 850 grams, were found to be marijuana. Charges against Roberto Salanguit y Ko for violations

of Republic Act (RA) 6425, i.e. for possession of shabu and marijuana, (Criminal Cases Q-95-64357 and Q-

95-64358, respectively) were filed on 28 December 1995. After hearing, the trial court rendered its decision,

convicting Salanguit in Criminal Cases Q-95-64357 and Q-95-64358 for violation of Section 16 and 8,

respectively, RA 6425, and sentencing him to suffer an indeterminate sentence with a minimum of 6 months

of arresto mayor and a maximum of 4 years and 2 months of prision correccional, and reclusion perpetua and

to pay a fine of P700,000.00, respectively. Salanguit appealed; contesting his conviction on the grounds that

(1) the admissibility of the shabu allegedly recovered from his residence as evidence against him on the

ground that the warrant used in obtaining it was invalid; (2) the admissibility in evidence of the marijuana

allegedly seized from Salanguit to the "plain view" doctrine; and (3) the employment of unnecessary force by

the police in the execution of the warrant.